Decisions have been taken to prosecute all accused in the case of the attempted murder of former Detective Chief Inspector John Caldwell which, it has been confirmed, is progressing toward transfer to crown court for trial.
The update came from a prosecuting barrister as the incident passed the two year mark and in response to previous concerns by defence lawyers over delay.
DCI Caldwell was gunned down while coaching a football team at the Omagh Youth Sport Centre on 22 February 2023.
The assailants fled in a Ford Fiesta, which was later found burnt out, before reportedly switching to a black Mercedes which travelled to a house in the Deverney Park area of Omagh.
The assailants ran to the rear of a property then left again in a white Transit Van
The attack was claimed by the New IRA and allegedly involved organised criminality.
Both weapons used remain unaccounted for.
DCI Calwell was critically ill for some time and retired in December as a result of his injuries.
Over protracted investigations a total of 11 men have been charged, of which seven are accused of attempted murder.
The others face varying charges such as preparing for acts of terrorism while two are accused of belonging to the IRA.
There is also a further 12 suspects.
The case was initially indicated to be approaching committal to crown court in December but this slipped and during an update in January prosecution counsel stated: “Work is continuing on 23 reported suspects, with decisions in principle made in respect of 16. Decisions on the remaining seven are hoped by early March.”
One defence solicitor responded “The court was told decisions would be made in December, while not pitched as an undertaking, but certainly presented as a promise, that all decisions would be made. We are very disappointed at another undue delay. It’s not acceptable that decisions are taking this long.”
The prosecution said: “This is an enormous case of 23 individuals in an investigation of the utmost seriousness. We very much wish matters don’t take so long, but there is little we can do.
“The directing officer is working tirelessly, and a second one has been drafted in. There’s no suggestion whatsoever that the PPS is dragging its heels. Quite the opposite. An enormous amount of resources has been poured into this and I fundamentally reject any criticism. It is unfortunately a natural outworking of an investigation of this size.”
A solicitor for four of the accused said: “The defendants have fundamental rights and entitlements, which I believe have been abrogated by this undue delay.”
Another solicitor stated: “This matter about PPS decisions is a complete red-herring and something which has been introduced within the legal system. It’s a delaying tactic. This isn’t the most complex case. It’s made up of a number of strands of evidence. What are we waiting for?
“If the PPS don’t feel they have enough evidence, why were the defendants’ charged? There should be a strict, fixed date for a committal hearing.”
However at the most recent sitting the prosecution said: “Decisions have been taken to prosecute all defendants on the charges currently before the court. These now require the consent of the director which is ongoing.
“All case papers should be served by the end of the summer when we anticipate a committal can proceed. The defence will require time at that stage and that’s out of the prosecution’s hands as to when the matter moves to crown court.”
One defence solicitor suggested the papers are served before summer in order to possibly meet the committal date as planned, which the prosecution agreed to explore.
Deputy District Judge Peter Prenter listed the matter for mention again next month.
